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26 November 2021 / Hannah Gumbrill-Ward
Issue: 7958 / Categories: Features , Family , ADR , Arbitration
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Arbitration in family cases: another way

Hannah Gumbrill-Ward shares the pros & cons of the use of arbitration in family proceedings
  • The time for arbitration to play a bigger role in family proceedings has come.

Family practitioners (and their clients) are all too aware of the current crisis in the family court. At the Jersey International Family Law Conference last month, President of the Family Division, Sir Andrew McFarlane, concluded his speech by acknowledging that ‘the Family Court is not currently in a good place’ adding that ‘the substantial backlog that existed before the pandemic has now grown very substantially’. The 14% increase in the number of new cases started in the family court during the second quarter of this year, following a 7% rise in the first quarter, has done nothing to help alleviate this substantial backlog.

As well as those directly involved in family proceedings, the crisis has also attracted the attention of the Lord Chancellor, who is apparently now drawing up plans to impose penalties on parents deemed to be ‘clogging up’

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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